Page 357 - Trump Executive Orders 2017-2021

10060 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(2) reviewed by a Court of Criminal Appeals which the Judge Advocate General, after
appropriate notification to the other Judge Advocate Generals and the Staff Judge Advocate to the
Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for
review; and
(3) reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on
good cause shown, the Court of Appeals for the Armed Forces has granted a review.
(b) Petition by the accused for review by the Court of Appeals for the Armed Forces.
(1) Counsel. When the accused is notified of the right to forward a petition for review by the
Court of Appeals for the Armed Forces, if requested by the accused, associate counsel qualified
under RC.M. 502(d)(2) shall be detailed to advise and assist the accused in connection with
preparing a petition for further appellate review.
(2) Forwarding petUion. The accused shall file any petition for review by the Court of Appeals
for the Anned Forces under paragraph (a)(3) of this mle directly with the Court of Appeals for the
Armed Forces.
(c) Action on decision by the Court£?{ Appealsfor the Armed Forces.
(1) In general. After it has acted on a case, the Court of Appeals for the Armed Forces may
direct the Judge Advocate General to return the rec.ord to the Court of Criminal Appeals for further
proceedings in accordance with the decision of the court. Otherwise, unless the decision is subject
to review by the Supreme Court, or there is to be further action by the President or the Secretary
concerned, the Judge Advocate General shall instmct the appropriate authority to take action in
accordance with that decision. If the Court has ordered a rehearing, but the convening authority to
whom the record is transmitted finds a rehearing impracticable, the convening authority may
dismiss the charges.
(2) Sentence requiring approval of the President.
(A) If the Court of Appeals for the Armed Forces has affirmed a sentence that must be
approved by the President before it may be executed, the Judge Advocate General shall transmit
the record of trial, the decision of the Court of Criminal Appeals, the decision of the Court of
Appeals for the Anned Forces, and the recommendation of the Judge Advocate General to the
Secretary concerned.
(B) If the Secretary concerned is the Secretary of a military department, the Secretary
concerned shall forward the material received under subparagraph (A) to the Secretary of
Defense, together with the recommendation of the Secretary concerned. The Secretary of
Defense shall forward the material, with the recommendation of the Secretary concerned and the
recommendation of the Secretary of Defense, to the President for the action of the President.
(C) If the Secretary concerned is the Secretary of Homeland Security, the Secretary
concerned shall forward the material received under subparagraph (A) to the President, together
with the recommendation of the Secretary concerned, for action of the President.
(3) Sentence requiring approval of the Secretmy concerned. If the Court of Appeals for the
Armed Forces has affirmed a sentence which requires approval of the Secretary concerned
before it may be executed, the Judge Advocate General shall follow the procedure in R.C.M.
1203(e)(3).
( 4) Decisions suNect to review by the Supreme Court. If the decision of the Court of Appeals
for the Armed Forces is subject to review by the Supreme Court, the Judge Advocate General
shall take no action under paragraphs ( c)(l ), (2), or (3) of this rule until: (A) the time for filing a
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petition for a writ of certiorari with the Supreme Court has expired; or (B) the Supreme Court
has denied any petitions for writ of certiorari filed in the case. After (A) or (B) has occurred, the

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